IN THE CASE OF:	  

		BOARD DATE:	  11 December 2012

		DOCKET NUMBER:  AR20120003422 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show:

	a.  the following missing military schooling:

* Individual Infantry Training from 25 February to 24 May 1996
* Airborne Course June 1996
* Field Sanitation Team Training from 27 to 31 October 1997
* Unit Armorer Course from 2 to 13 February 1998

	b.  a missing deployment to Kosovo from 1 April to 1 November 1999

	c.  the following missing awards:

* Armed Forces Expeditionary Medal
* Kosovo Campaign Medal
* North Atlantic Treaty Organization (NATO) Medal

2.  The applicant states he contacted his old unit and division and the National Archives in his search for deployment orders and award orders for his deployment with Company C, 3rd Battalion, 504th Parachute Infantry Regiment, from September to March 1999.  He contends that he is authorized the awards listed above.



3.  The applicant provides:

* DD Form 214
* Individual Infantry Training Diploma, dated 24 May 1996
* Airborne Course Diploma, dated 21 June 1996
* Certificate of Training for the Field Sanitation Course, 27-31 October 1997
* Certificate of Appreciation for 7 August to 7 November 1997
* recommendation for Armed Forces Service Medal, dated 19 December 1997
* unidentified list of names including the applicant's name
* Certificate of Training for the Unit Armorer Course, 2-13 February 1998
* DA Form 638 (Recommendation for Award), dated 17 April 1998
* Army Achievement Medal Certificate, dated 28 April 1998
* DA Form 638 (Recommendation for Award), dated 26 January 1999
* Army Achievement Medal Certificate, dated 11 February 1999
* letter, Defense Finance and Accounting Service (DFAS), dated 30 January 2012 with leave and earnings statements (LES's) for August 1999 through March 2000
* partial copy of a message concerning award of the NATO Medal for service in Kosovo

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  On 28 February 1996, the applicant enlisted in the Regular Army.  He completed his initial training and was awarded military occupational specialty (MOS) 11B (Infantryman).

3.  The applicant's DA Form 2-1 (Personnel Qualification Record – Part II) shows:

	a.  in item 5 (Overseas Service), no entries;

	b.  in Item 9 (Awards, Decorations, and Campaigns), the Army Service Ribbon and Parachutist Badge;

	c.  in item 17 (Civilian Education and Military Training), high school education, Infantry MOS, and basic airborne training; and

	d.  in item 35 (Record of Assignments), no entries.

4.  The applicant's Enlisted Record Brief has not been properly completed and does not show his awards, assignments, or military training.

5.  The applicant's DD Form 214 shows:

	a.  he entered active duty on 28 February 1996;

	b.  he was awarded the Army Service Ribbon and Expert Marksmanship Qualification Badge with Rifle Bar;

	c.  no military training;

	d.  no foreign service;

	e.  no remarks concerning deployment(s);

	f.  he was discharged under other than honorable conditions on 25 February 2002;

	g.  he completed 4 years and 17 days of creditable active duty service; and

	h.  was absent without leave (AWOL) from 28 February 2000 until 28 January 2002.

6.  The applicant provided a memorandum from the Commander, 504th Parachute Infantry Regiment, stating that certain individuals listed in a memorandum titled Approved Armed Forces Service Medal, dated 23 October 1997, had met the eligibility requirements for this award based on participation in operations in Haiti during the dates specified in the referenced memorandum.  However, the applicant has not provided a copy of that memorandum.  He did provide a listing of individuals that includes the applicant's name, but there is no obvious connection between the memorandum and the list.

7.  The applicant provided a copy of a Certificate of Appreciation for his outstanding achievement while serving with the U.S. Support Group Haiti from 7 August to 7 November 1997.

8.  The applicant provided copies of the following training diplomas/certificates:

	a.  Individual Infantry Training Course Diploma, Fort Benning, Georgia, dated 24 May 1996, for completion of his training in MOS 11B;

	b.  Airborne Training Course Diploma, Fort Benning, Georgia, dated 21 June 1996;

	c.  Field Sanitation Team Training Course Certificate, 40 hours, Fort Bragg, North Carolina, from 27 to 31 October 1997; and

	d.  Unit Armorer Course Training Certificate, 80 hours, Fort Bragg, North Carolina, from 2 to 13 February 1998.

9.  The applicant provided copies of the following DA Forms 638 with enclosures:

	a.  DA Form 638 with certificate and Permanent Order Number 04-33, dated 29 April 1998, for award of the Army Achievement Medal for meritorious achievement during the period 23 February to 23 March 1998 while assigned as an armorer with Company C, 3rd Battalion, 504th Parachute Infantry Regiment, Fort Bragg, North Carolina; and

	b.  DA Form 638 with certificate and Permanent Order Number 42-08, dated 11 February 1999, for award of the Army Achievement Medal for meritorious achievement during the period 4 to 13 January 1999 in connection with the 3rd Battalion's preparation and execution of the operational readiness survey.

10.  The applicant provided copies of his DFAS LES's for the period 1 August 1999 to 31 March 2000.  These documents indicate:

	a.  hazardous duty pay (HDP) from 12 September 1999 to 7 March 2000

	b.  hostile fire pay/imminent danger pay (HFP/IDP) started on 1 September 1999; and

	c.  duty status change to absent without leave (AWOL) on 16 March 2000.

11.  DFAS records show the applicant received HFP/IDP and combat zone tax exclusion for the period 12 September 1999 to 31 March 2000 for service in Macedonia.

12.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  The Armed Forces Service Medal may be awarded to members of the Armed Forces of the United States for operations for which no other U.S. campaign or service medal is approved and who, after 1 June 1992:

* participate or have participated as members of U.S. military units in a U.S. military operation deemed to be a significant activity and encounter no foreign armed opposition or imminent threat of hostile action
* participate for 1 or more days in the operation within the designated area of eligibility (AOE) or meet one or more of several criteria including being engaged in direct support for –

* 30 consecutive days in the AOE (or for the full period when an operation is of less than 30 days' duration) 
* 60 nonconsecutive days provided this support involves entering the AOE

* designated U.S. military operations include the United Nations Mission in Haiti, U.S. Forces Haiti, and U.S. Support Group-Haiti from 1 April 1995 to 31 January 2000

	b.  The Armed Forces Expeditionary Medal is authorized for qualifying service after 1 July 1958 in military operations within a specific geographic area during specified time periods.  An individual who was not engaged in actual combat or equally hazardous activity, must have been a bona fide member of a unit participating in or be engaged in the direct support of the operation for 30 consecutive or 60 nonconsecutive days provided this support involved entering the area of operations.  No qualifying operations are identified for service in Haiti.

	c.  The Kosovo Campaign Medal is awarded to members of the Armed Forces of the United States who, after 24 March 1999, participated in or served in direct support of designated operations, including Operation Allied Force (24 March 1999 through 10 June 1999).  Service members must be bona fide members of a unit participating in or be engaged in direct support of the operation for 30 consecutive or 60 nonconsecutive days in the AOE provided this support involves entering the operation's AOE or meet one or more of several other, specified criteria are met.  One bronze service star will be worn for participation in each campaign (Kosovo Air Campaign and Kosovo Defense Campaign).  Qualification for a second bronze service star requires meeting the criteria for both campaigns.  The 30 consecutive or 60 nonconsecutive days that began during the Air Campaign (24 March 1999 through 10 June 1999) and continued into the Defense Campaign (11 June 1999 to a date to be determined) entitles a member to only one bronze service star.  The AOE included Macedonia.

	d.  Acceptance of the NATO Medal has been approved for U.S. military personnel who serve under NATO command or operational control in direct support of the above NATO operations.  The NATO Medal will normally be presented by the Allied Command Europe headquarters exercising operational command or control over U.S. military units or individuals prior to their departure from service with NATO.  U.S. service members are authorized to retain the ribbon clasp presented but may not wear the clasp.  For subsequent awards (if approved by the Secretary of Defense) for service in a different NATO operation, U.S. military personnel will affix a bronze service star to the NATO Medal suspension ribbon and service ribbon.  The U.S. Army Human Resources Command website contains a "frequently asked questions" section concerning military awards.  The website notes that to add the NATO Medal to a Soldier's record the Soldier must have been issued a certificate.

13.  Army Regulation 635-5 (Separation Documents) provides detailed instructions for completing separation documents, including the DD Form 214.  It provides that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.

	a.  For item 12f (Foreign Service), enter the Soldier's overseas service in years, months, and days.

	b.  For item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or authorized), list all authorized awards, ribbons, and badges as shown on the DA Form 2-1 for all periods of service.

	c.  For item 14 (Military Education), list formal in-service (full-time attendance) training courses successfully completed during the period of service covered.  List course title, length in weeks, and the month and year of completion.  This information is to assist the Soldier after separation in job placement and counseling; therefore, training courses for combat skills will not be listed.

	d.  For item 18 (Remarks), the prescribed format for showing deployments is "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)."

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show:

	a.  the following missing military schooling:

* Individual Infantry Training from 25 February to 24 May 1996
* Airborne Course June 1996
* Field Sanitation Team Training from 27 to 31 October 1997
* Unit Armorer Course from 2 to 13 February 1998

	b.  a missing deployment to Kosovo from 1 April to 1 November 1999

	c.  the following missing awards:

* Armed Forces Expeditionary Medal
* Kosovo Campaign Medal
* North Atlantic Treaty Organization (NATO) Medal

2.  The available evidence clearly shows that the applicant completed the following military training that should have been included on his DD Form 214:

* Airborne Course, 3 weeks, June 1996
* Field Sanitation Team Training, 1 week, October 1997
* Unit Armorer Course, 2 weeks, February 1998

3.  The governing regulation prohibits entering combat skill training course on the DD Form 214.  Therefore, the applicant's request to show the Individual Infantry Training Course should not be shown on his DD Form 214.

4.  The Certificate of Appreciation provided by the applicant shows he served a qualifying period from 7 August to 7 November 1997 with the U.S. Support Group Haiti for award of the Armed Forces Service Medal.  Therefore, this medal should be shown on his DD Form 214.

5.  The applicant contends his deployment was from 1 April to 1 November 1999. DFAS records show the applicant received HFP/IDP from 12 September 1999 to 31 March 2000 for deployment to Macedonia.  His LESs indicate his duty status was changed to AWOL effective 16 March 2000 and his DD Form 214 reports his AWOL started on 28 February 2000.    On the basis of this evidence, it would be appropriate to correct his DD Form 214 by showing he was deployed to Macedonia from 12 September 1999 to 28 February 2000, a period of 5 months and 17 days and was awarded the Kosovo Campaign Medal with one bronze service star.

6.  Permanent orders announced the applicant was awarded two Army Achievement Medals.  Therefore, his DD Form 214 should be corrected to show the Army Achievement Medal (2nd Award).

7.  There is no available evidence showing the applicant was issued a certificate for award of the NATO Medal.  Neither is there any evidence showing that he served a qualifying overseas period of service that authorized award of the Armed Forces Expeditionary Medal.  Therefore, this portion of his request should be denied.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x____  ____x___  ____x___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 for the period ending 25 February 2001 as follows:

	a.  adding the following training to item 14:

* Airborne Course, 3 weeks, June 1996
* Field Sanitation Team Training, 1 week, October 1997
* Unit Armorer Course, 2 weeks, February 1998

	b.  adding the following awards to item 13:

* Army Achievement Medal (2nd Award)
* Armed Forces Service Medal
* Kosovo Campaign Medal with one bronze service star
	c.  adding 5 months and 17 days of foreign service to item 12f; and

	d.  adding the statement:  "SERVICE IN MACEDONIA FROM 19990912-20000228 to item 18."

2.  The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to showing the following on his DD Form 214:

* NATO Medal
* Armed Forces Expeditionary Medal
* Individual Infantry Training



      ___________x______________
                 CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20120003422



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ABCMR Record of Proceedings (cont)                                         AR20120003422



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